The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-13
He Asks Judge Ayers to Immediately Restrain
Colonel Robertson from Performing the
Duties of Lieutenant-Governor.
The Case Filed in a Court Where It Can.
not Be Finally Tried Until February.
Contest of the Democratic Aspirants for the
Senatorial Nomination at the Caucus
To Be Held This Evening.


Against Lieutenant Governor Robertson.
Green Smith, the usurping presiding officer of
the Senate, last evening instituted quo warranto
proceedings against Lieutenant governor Rob
ertson, asking for an immediate restraining or
Ger preventing him from attempting to oficate
as Acknowledgements or from assuming to be
the legally elected possessor of the Office. The
move was decided on at the caucuses of the
Democrats Tuesday night. Although Smith has
protested all along that he was in favor Of hav
1ng the question settled in the shortest possible
time, the proceedings were brought in the Cir
Buit Court, the regular term OF which does not
begin until the first Monday in February, so that
there is no possibility Of getting the case through
the higher courts during the session of the Leg
islatnre. There are two branches of the Supe-
rior Court open, in either OF which the proceed
ings could have been brought The plan decided
upon in the caucus was to have nothing but the
temporary restraining order issued at present,
and Judge Ayres, who is in the midst of court
work at Danville was telegraphed to come to
the city yesterday morning as there was i'm
portant business demanding his attention. He
did not come in the morning, and the attorneys
for the rlaintff-Messrs. Brown, Turpie and
Byfeld-were nervous all day for fear he would
not come. They climbed the stairs to the court
room half dozen times in the after
noon to see il he had arrived
However, ne came over on the evening
train, and went directly to the courtroom
few minutes afterward the three attorneys filed
in, and there was general consultation. One of
them went down to the Clerks Office found Clerk
Sullivan and had the complaint filed. and then
took II away with him. The fling clerk, and no
one else in the office. knew anything about the
M no fpono oh 1o6
the whole proceedings.
The information states in the first paragraph
that Smith has been a resident of Jennings
county since 1863, that he was elected State SEN
ator from Jackson and Jennings county in 1884
for the term of four years, that on April 3D. 1888,
he was elected President Of the Senate of the
General Assembly, and under said election &C
septed said Office, and entered upon the dis
charge of the duties of the same; and yet Is and
remains in possession of said Office, the Presi.
dent of the Senate, competent duly qualified.
willing and legally entitled to discharge the du.
ties OF said Office" On the 9Th day of January,
1887, during a regular session OF the General
Assembly, he was recognized by the Senate as
Its President, and also at that time re-elect
ed as President of the Senate, and Is now in
actual possession of the office and the discharge
of its duties, other person member of the
Senate having been chosen or elected to the
Office
He further recites the fact of General Man
sons vacation of the Office of Lieutenant gov
eral appointment, and says: "Because of said
vacancy having occurred in said Office of Lieu
tenant governor aforesaid. the plaintiff. as
President Of the Senate of Indiana as aforesaid,
on the day and year last aforesaid, succeeded to
the discharge Of the duties of the Office of Lieu
tenant governor of the State of Indiana, and is
3 in possession thereof, and lawfully entitled to
discharge tho duties thereof as required and
provided by the Constitution and laws Of the
State of Indiana, and to receive the pay, ben
efts and emoluments of said office the same
are fixed by law
In another paragraph he sets forth the fact of
Robert S. Robertsons election to fill the vacancy,
which the plaintiff claims falsely assumed
and pretended the canvass of the vote in the
several counties, the transmission Of officially
sealed returns to the Secretary of State. to be
delivered by him to the Speaker of the House OF
Representatives, and their delivery to Warren G..
Sayr.4 the Speaker, Jan. s, 1887. The infor
natio1 then says that ION the 10th day Of Janu
arv, 1887 the said Warren g. Sayre, as Speaker
of said House of Representatives., opened and
published said returns in the presence of said
House of Representatives for the State of lnd
ana, the Senate of said State of In
diana not bong present at the open
nor in session at the time thereof, i,
having adjourned on Friday the 7th day of Jan
uary, aforesaid, to meet Tuesday the It'll
day OF January, aforesaid and upon the publlca
tion and counting of said returns declared thai
the said defendant had received the highes
nnmber of votes cast at said election for Lieu
tenant-governor Of said State of Indiana. an6
that the said defendant duly elected Lieu
tenant governor fer said State of Indiana, ant
thereupon tina said defendant assumed to take
the oath of Office as such Lieutenant governor
and then and there unlawfully usurped and in
truded himself into said Office Of Lieu
tenant governor by then and there un
lawfully attempting to bold and exercise
the duties and functions thereof and tn
aforesaid Speaker Of said House Of Representa-
- tives then and there recognized the said defend
ant as the rightful and lawful Leutenant-gov
srnor of the said State of Indiana. and then ant
shere surrendered to him the right to presid
over the Assembly, falsely and fraudulent.
claimed by said Speaker and said defendant t.
be joint convention OF the two houses OF tn
General Assembly of the State of Indiana. an
the said defendant thereupon usurped and exer
csed the right to preside over the so-called join
convention of said General Assembly, and ad
journed the sans to meet at future day, to
wit, the 10Th day of January, 1887"
The relator of the information further aver
that it is 1.-The intent and purpose of the said de
PENDANT, Robert S. Robertson, to unlawful
infrude himself into, and usurp the rights an
duties OF presiding over the Senate of the Stat
of Indiana, to the exclusion of your relator, an
thus unlawfully and wrongfully deprive hin
of his said Office, and the right to discharge al
of the duties pertaining, and your relator ha
reason to believe. and does believe, and s
charges that said defendant, Robert S. Robert
son. will, unless restrained by tire order and il
junction Of the court, surreptitously, clandei
timely, forcihly, attempt to take unlawf,
possession of said Office similar avermen
as to the intent and purposes of the defendar
is made regarding the joint convention of til
assembly on the 18TH inst.
He further AYERS that he is supported by til
majority of the Senate, and that he lis informe
and believes that the Speaker. Sayres, supper
ed by majority of the members Of the Hous
are unlawfnlly aiding, abetting and supportin
Robertson in his unlawful attempt to usurp an
intrude himself into office of Lieutenant GO
ernor and presiding officer Of the Senate an
that there is, nnlass restrained by the ord.
and injunction of this court. imminel
danger as violence. and that the said defendan
Robert s. Robertson. aided as aforesaid, wi
cause serious interruption of the public busine
of the State of Indiana and disturb the publ
peace !. ana therefore your relator charges tn
The c,s.mission of the threatened damages al
injuries hereinbefore set forth and chares
Will cause your relator great, grieyous and